第7條 依前條規定移轉民營時,應由事業主管機關會同有關機關組織評價委員會,評定其價格。
Article 7 In privatizing a government-owned enterprise under the provisions of the preceding Article, a price appraisal committee shall be formed by the authority in charge of the enterprise in conjunction with the authority or authorities concerned to evaluate and decide the price.
第8條 公營事業轉為民營型態之日,從業人員願隨同移轉者,應隨同移轉。
Article 8 Upon the date when a government-owned enterprise is privatized, the employees who are willing to be transferred shall be so transferred; provided, however, that if it is otherwise agreed upon by the new and old employers upon the time of restructuring or transferring the enterprise, such agreement shall prevail.
但其事業改組或轉讓時,新舊雇主另有約定者,從其約定。
Article 8 Upon the date when a government-owned enterprise is privatized, the employees who are willing to be transferred shall be so transferred; provided, however, that if it is otherwise agreed upon by the new and old employers upon the time of restructuring or transferring the enterprise, such agreement shall prevail.
公營事業轉為民營型態之日,從業人員不願隨同移轉者或因前項但書約定未隨同移轉者,應辦理離職。
Upon the date when a government-owned enterprise is privatized, the employees who are not willing to be transferred, or who are not transferred because of the proviso of the preceding paragraph, shall clear the procedures of severance.
其離職給與,應依勞動基準法退休金給與標準給付,不受年齡與工作年資限制,
Severance pay shall be paid to such employees and shall be calculated in accordance with the criteria for payment of pensions as stipulated in the Labor Standards Law, without being subject to the restrictions of age and seniority of service.
並加發移轉時薪給標準六個月薪給及一個月預告工資;其不適用勞動基準法者,得比照適用之。
An additional six-month salary at the salary rates applicable to them at the time of the privatization, and an additional one-month wage in lieu of the one-month advance notice, shall be paid.
To those employees to whom the provisions of the Labor Standards Law are not applicable, the foregoing may be applied by analogy.
移轉為民營後繼續留用人員,得於移轉當日由原事業主就其原有年資辦理結算,其結算標準依前項規定辦理。
For the employees retained in employment after the privatization of a governmentowned enterprise, the original employer of the enterprise may, on the date of their transfer, settle the account of their benefits with respect to their respective seniorities of service based on the payment criteria set forth in the preceding paragraph, but the six-month salary and the wage in lieu of the one-month advance notice shall not be paid.
但不發給六個月薪給及一個月預告工資。
For the employees retained in employment after the privatization of a governmentowned enterprise, the original employer of the enterprise may, on the date of their transfer, settle the account of their benefits with respect to their respective seniorities of service based on the payment criteria set forth in the preceding paragraph, but the six-month salary and the wage in lieu of the one-month advance notice shall not be paid.
其於移轉之日起五年內資遣者,按從業人員移轉民營當時或資遣時之薪給標準,擇優核給資遣給與,並按移轉民營當時薪給標準加發六個月薪給及一個月預告工資。
Where any of such retained employees are laid off within five (5) years from the date of the privatization of the government-owned enterprise, the said employee(s) shall be paid a severance pay to be calculated based on the salary rate applicable to him/her at the time of the transfer to the private-owed enterprise or at the time of his/her lay-off, whichever is more beneficial to the employee, plus a six-month salary based on the employee′s salary rate at the time of the transfer to the private-owed enterprise and the wage in lieu of the one-month advance notice.
前項被資遣人員,如符合退休條件者,另按退休規定辦理;
For the employees who are laid off under the preceding paragraph and who meet the retirement conditions, it shall be additionally handled according to the retirement regulations.
依第二項辦理離職及依前項資遣者,有損失公保養老給付或勞保老年給付者,補償其權益損失;
For the employees who clear the procedures of severance according to paragraph 2, or are laid off according to the preceding paragraph, should they suffer any loss of pension payable to them under the civil servant insurance program or the old-age payment under the labor insurance program, their losses of such benefits shall be compensated.
移轉民營時留用人員,如因改投勞保致損失公保原投保年資時,應比照補償之;
For the employees who are transferred to and retained by a private-owned enterprise privatized from a government-owned enterprise, if they incur any loss with respect to their insurance period originally covered under the civil servant insurance program as a result of switching their insurance enrollment to the labor insurance program, they shall be compensated by analogy.
其他原有權益如受減損時,亦應予以補償。
Any reduction or loss of other rights or interests which are originally available shall also be compensated.
前項補償辦法,由事業主管機關擬訂,報請行政院核定之。
The regulations governing the compensations set forth in the preceding paragraph shall be drawn up by the authority in charge of the enterprise and submitted to the Executive Yuan for approval.
依本條所加發之六個月薪給及補償各項損失之費用,應由政府負擔。
The government shall bear the expenses required for the payment of the six-month salary and the compensation for various damages and losses payable under this Article.
依第二項辦理離職人員及第三項被資遣人員,再至其他公營事業任職時,不再適用六個月加發薪給、一個月預告工資及權益損失補償之規定;
Those employees who have cleared the procedures of severance according to paragraph 2, or have been laid off according to paragraph 3, and then are employed by other government-owned enterprises, the provisions of the six-month salary payment, the wage in lieu of one-month advance notice, and the compensation for damages and losses of rights and interests, shall no longer be applicable.
計算年資結算及離職給與時,前後公營事業每滿一年給予兩個基數之工作年資,合計不得高於十五年。
In calculating and settling the seniority of service and severance pay, the aggregate seniority of service with the former and latter government-owned enterprises, which is on a two-units-for-one-year basis, shall not be longer than fifteen (15) years.
原公營事業移轉民營後繼續留用人員,義務役年資併計補發,
For the employees retained in employment after the privatization of a governmentowned enterprise, the seniority of their compulsory military service shall be included;
於八十七年六月五日仍在職者,其年資結算比照公務人員併計義務役年資,並以民營化當時據以結算離職給與之薪給標準為計算義務役年資補發之基數標準。
for those who were still employed on June 5, 1998, the seniority of their compulsory military service shall be included and settled corresponding to the settlement for the seniority of service of civil servants, and the salary standard of settling the severance pay at the time of privatization shall be used as the calculation standard for supplementing the units for the length of the compulsory military service;
但民營化當時結算之年資已逾三十年者,其義務役年資不得併計。
provided, however, that at the time of privatization, if the seniority of service already exceeds thirty (30) years, the seniority of the compulsory military service shall not be included for calculation.
第9條 公營事業轉為民營型態之日,原依公務人員退休法令規定撥繳之退休撫卹基金費用及孳息,由基金管理機關進行收支結算;
Article 9 Upon the date when a government-owned enterprise is privatized, the expenses and interests originally set aside and contributed to the Civil Service Pension Fund according to the laws and regulations relating to the retirement of civil servants, shall be settled and cleared by the fund management agency.
其有剩餘者,撥交該事業,其有不足者,由該事業發還基金。
If there is any surplus, it shall be appropriated to the enterprise; if there is any deficit, it shall be returned to the fund by the enterprise.
第10條 依本條例領取公保、勞保補償金之從業人員,如再參加各該保險並請領養老或老年給付時,承保機構應代扣原請領之補償金,不受勞工保險條例第二十九條不得讓與、抵銷、扣押或供擔保之限制。
Article 10 In the event the employees who have received compensation payment under the civil servant insurance program or the labor insurance program and then participate in such insurance programs again and claim for pension or old-age payment, the insuring agencies shall withhold the original compensation payment without being subject to the restrictions of Article 29 of the Statute for Labor Insurance which entail that the compensation payment shall not be transferred, offset, seized or used as security;
但請領之養老或老年給付較原請領之補償金額低時,僅代扣請領金額。
provided, however, that if the pension or old-age payment that is claimed is less than the original compensation payment, only the amount that is claimed shall be withheld.